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White County Ordinances
 
EMERGENCY ORDINANCE 99-16

BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF WHITE, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED:

AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE- QUARTER OF ONE PERCENT (1/4%) SALES AND USE TAX WITHIN WHITE COUNTY, ARKANSAS FOR THE PURPOSE OF OPERATING AND MAINTAINING JAIL AND CRIMINAL JUSTICE FACILITIES AND SECURING THE REPAYMENT OF CAPITAL IMPROVEMENT BONDS FOR JAIL AND CRIMINAL JUSTICE FACILITIES AND ANY NECESSARY LAND ACQUISITION THERE FOR; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO.

WHEREAS, the Quorum Court of White County, Arkansas (the "County") has determined that there is a great need for a stable source of revenue (a) to operate and maintain new or existing jail and criminal justice facilities, including administrative, maintenance1 communications, courtroom, sheriff station and parking facilities, for or within such facilities (collectively, "Jail and Criminal Justice Facilities") and/or (b) to secure the repayment of bonds approved by the voters and issued from time to time by the County to finance Jail and Criminal Justice Facilities and any land acquisition there for ("Jail and Criminal Justice Facilities Bonds") ; and

WHEREAS, A.C.A. 26-73-113 (Repl. 1997) (the "Authorizing Legislation") provides for the levy of up to a one percent (1%) county-wide sales and use tax to finance the operation and maintenance of capital improvements and/or to secure the repayment of bonds issued to finance capital improvements; and

WHEREAS, the Jail and Criminal Justice Facilities constitute capital improvements of a public nature as defined in
A.C.A. §14-164-303 (a) (2) (Repl. 1998); and

WHEREAS, the County proposes to levy a one-quarter of one percent (1/4%) sales and use tax for the purpose of (a) operating and maintaining Jail and Criminal Justice Facilities and/or (b) securing the repayment of Jail and Criminal Justice Facilities Bonds, in lieu of one-quarter of one percent (1/4%) of the County's authority to levy up to a one percent (1%) sales and use tax under Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated solely for the purpose of retiring bonds;

NOW, THEREFORE, BE IT ENACTED by the Quorum Court of White County, Ark

Article 1. Under the authority of the Authorizing Legislation, there is hereby levied a one-quarter of one percent (1/4%) tax on the gross receipts from the sale at retail within the County of all items which are subject to the Arkansas Gross Receipts Act of 1941, as amended (ACA. §§26-53-l01, et seq.), and the imposition of an excise (or use) tax on the storage, use, distribution or other consumption within the County of tangible personal property subject to the Arkansas Compensating Tax Act of 1949, as amended (ACA. §§26-53-10l, et seq.), at a rate of one-quarter of one percent (1/4%) of the sale price of the property or, in the case of leases or rentals, of the lease or rental price (collectively, the "Sales and Use Tax"). 'The Sales and Use Tax shall be levied, and the net collections received after the State of Arkansas deducts its administrative charges shall be used, for the purpose of (a) operating and maintaining Jail and Criminal Justice Facilities and/or (b) securing the repayment of Jail and Criminal Justice Facilities Bonds. The Sales and Use Tax shall be levied and collected only on the first $2,500 of gross receipts, gross proceeds or sales price from each single transaction.

Article 2. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict.

Article 3. This Ordinance shall not take effect until an election is held on the question of levying the Sales and Use Tax at which a majority of the electors voting on the question shall have approved the levy of the Sales and Use Tax.

        PASSED: October 5, 1999

ATTEST:                                 APPROVED:
Doug Faith BobParish
   County Clerk                      County Judge